Bernard Durkan (Kildare North, Fine Gael)
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Question 134: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12717/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 163 of Thursday 13 November 2008, No. 844 of Wednesday 24 September 2008 and No. 242 of Thursday 3 April 2008 and the written Replies to those Questions. The person concerned arrived in the State on 25 April 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 16 May 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State.

Representations have been received on behalf of the person concerned and these representations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 135: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [12718/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 244 of Thursday 15 May 2008 and the written Reply to that Question. The person concerned arrived in the State on 3 December 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 14 March 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Following consideration of his case, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a Deportation Order was signed in respect of the person concerned on 3 July 2006. This Deportation Order was formally served on the person concerned by letter dated 11 August 2006. This communication also notified the person concerned of the requirement that he present himself at the Offices of the Garda National Immigration Bureau on 29 August 2006 to make arrangements for his removal from the State.

Subsequently, on 14 August 2006, the legal representative of the person concerned requested that the Deportation Order made in respect of the person concerned be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act 1999 (as amended). Following consideration of this request, the Deportation Order was affirmed on 17 October 2006. The person concerned was notified of this decision by letter dated 14 November 2006 and was also notified of the requirement that he present himself at the Offices of the Garda National Immigration Bureau on 23 November 2006 in order to make arrangements for his removal from the State.

The person concerned subsequently submitted an application under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) requesting that the Minister consider an application for Subsidiary Protection in the State from the person concerned. Following consideration of this application, the person concerned was notified, by letter dated 18 March 2008, that the Minister had decided to exercise his discretion to allow the person concerned to make an application for Subsidiary Protection. This application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

Pending the determination of the Subsidiary Protection application, the Deputy can be assured that the Deportation Order will not be enforced.

Bernard Durkan (Kildare North, Fine Gael)
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Question 136: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for family reunification in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [12719/09]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the immigration Division of my Department that the person in question made a Family Reunification application on behalf of his wife and two sons in December 2003. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation was completed and the Commissioner forwarded a report to my Department.

The application was refused on the 22 August 2007 and a letter outlining the reasons for the refusal issued on the same date. A copy of this letter was issued to the applicant's legal representative on the same day. There is no provision under Section 18 of the Refugee Act 1996 to appeal the decision of an application for Family Reunification. Each application is processed on its own merits and the decision reached is based on the information submitted. If the person in question has significant new information it is open to them to submit a new application for Family Reunification to my Department.

Bernard Durkan (Kildare North, Fine Gael)
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Question 137: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for refugee status and leave to remain in respect of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [12720/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum in the State on 22 February 1999. Her application was refused following consideration of her case by the then Asylum Division of the Department of Justice, Equality and Law Reform and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 26 February 2002, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State.

Representations were submitted on behalf of the person concerned and these representations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision. I am assured by my officials that this case will now be brought to a conclusion as speedily as possible. The Deputy might wish to note that the person concerned is not the holder of Irish Citizenship.